Rape convict moves to overturn 65-year jail sentence

A 50-year-old father of three who is awaiting sentencing for raping a 15-year-old girl has moved to the Guyana Court of Appeal to overturn a 30-year sentence he is currently serving for sexually abusing another girl, who was four years old.
In December 2017, Esan Germain was found guilty by a jury on all three counts of engaging in sexual activity with a child—when she was aged four, six, and seven. Justice Simone Morris-Ramlall sentenced him to 15 and 20 years, on the first and second counts, respectively. On the last count, he was handed a 30-year prison term. All the sentences will run concurrently while Germain will have to serve 20 years before becoming eligible for parole.

Rape convict Esan Germain

In relation to the sentences he is currently serving, the indictments stated that at some time during 2010, 2012, and 2013, he raped the girl by performing oral sex on her, and in turn, causing her to do the same to him.
He also rubbed his penis against her vagina.
At the appellate court, the convict is contesting his convictions and sentences on the ground that the trial Judge misdirected the jury as well as made several errors in law. Germain is also arguing that the sentences are manifestly excessive, wrong in principle, and not in keeping with established sentencing guidelines.
Following a trial at the Demerara Sexual Offences Court on February 3, Germain was found guilty as charged of sexually penetrating a 15-year-old girl between January 1 and July 24, 2014. He will be sentenced next month.
Germain raped the young girl on three occasions between January and July 2014. On the first occasion, he committed the act in the bathroom. On the second occasion, he raped her while she lay on a bed next to a two-year-old boy. Another time, he placed the girl to lay on an unfinished cupboard and raped her.
On July 23, 2014, the girl was going to the shop when she saw her mother, and she confided in her. The mother reported the matter to the Police, and Germain was arrested. In her Police statement, the woman said she was shocked at the allegations against Germain, as she did not expect him to do something like that.
Meanwhile, during his trial, Germain had always denied raping the child. He described the girl as an “unmannerly child”, who was in the habit of misbehaving.
He also claimed he tried to “rehabilitate” her and put “strict” measures in place to guide her to be better. These measures, he said, included beating her, talking to her, and sending her to church for counselling.
Germain was regarded as a researcher on issues affecting the lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI) community. (G1)